23
73.
Since its very first judgments, the Court has ruled on the close connection
between the general duty to safeguard the right to fair trial embodied in Article 1(1)
of the Convention and the specific rights protected under said instrument.20 The duty
to safeguard the right to fair trial imposes certain obligations upon the State, which
are aimed at guaranteeing that any person under the jurisdiction of the State may
freely and fully exercise the rights embodied in the Convention.21 Given its close
connection to other specific rights, the duty to safeguard the right to fair trial may be
fulfilled in different manners; therefore, whether the State has said duty to
safeguard the right to fair trial will depend on the specific right at stake and the
circumstances of the case.
74.
The duty to investigate human rights violations falls under the positive
measures that States should adopt to guarantee the rights embodied in the
Convention.22 From the very beginning, the Court has ruled that in order to fulfill the
aforementioned duty, States must not only prevent but also “investigate and punish
any violation of the rights embodied in the Convention, and also foster restoration, if
possible, of the affected right and, as applicable, redress the damage resulting from
said human rights violation.”23
75.
As regards to the duty to guarantee the right set forth in Article 4 of the
Convention, the Court has indicated that said right:
not only presupposes that no person may be arbitrarily deprived of his life (negative
duty) but also requires, pursuant to the obligation to guarantee the full and free exercise
of human rights, that the States adopt any and all necessary measures to protect and
preserve the right to life (positive duty) of the individuals under their jurisdiction. The
State’s positive duty to protect the right to life does not involve legislators only but the
entire government structure and those in charge of security, namely the State’s police or
armed forces.24
76.
Furthermore, the Court found that:
in cases of extra-judicial executions, it is essential that States conduct an effective
investigation into a deprivation of life case and punish the perpetrators, especially when
state officials are involved; otherwise they would be creating, in a climate of impunity,
the conditions that will allow these events to continue, which is contrary to the duty to
respect and guarantee the right to life.25
Cf. Case of Velásquez-Rodríguez. Judgment of June 29, 1988. Series C No. 4, para. Case of
Godinez-Cruz. Judgment of January 20, 1989. Series C No. 5, para. 171; and Case of Neira Alegría et al.
Judgment of January 19, 1995. Series C No. 20, para. 85.
20
Case of the Ituango Massacres, supra note 3, para. 297; Case of Baldeón-García, supra note 3,
para. 81; and Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140, para.
142.
21
22
Cf. Case of Ximenes-Lopes, supra note 3, para. 177.
23
Case of Velázquez-Rodríguez, supra note 20, para. 166.
Case of the Ituango Massacres, supra note 3, para. 130 and 131. Cf. also Case of MonteroAranguren et al. (Detention Center of Catia), supra note 4, para. 65 and 66; and Case of Baldeón-García,
supra note 3, para. 84; Case of the Sawhoyamaxa Indigenous Community, Judgment of March 29, 2006.
Series C No. 146, para. 152.
24
Case of Baldeón-García, supra note 3, para. 91. Cf. also Case of the “Mapiripán Massacre”.
Judgment of September 15, 2005. Series C No. 134, para. 137 and 232-233.
25